Property Tax Assessment-
sampat mane
(Querist) 02 May 2009
This query is : Resolved
we have purchased a flat in year 2006 which was under construction and occupied it in 2008 after complete construction of our 2 wings. The builder had proposed to build 8 wings of which he has completed only 2 wings and rest he is not building due to reason unknown.
He had promised duringthe booking a maintenance of rs. 1.50 psft.Now he has beens sending a maintenance bill for Rs. 2.50 psft which also includes property tax.
We have asked in vain the account / basis of levying all these.
Who gurantees the property tax is paid?
We have yet not received any Occupation certificate?
He had promised various things while booking but have not delivered like garden, seating arrangement. his plea is that the gove authorities have grabbed the part of land meant for the facilies.
what are our rights? How can we fight?
Y V Vishweshwar Rao
(Expert) 02 May 2009
The Property Tax can be paid according to the proportionate Plinth Area til it is separately assessed in your name
The Maintenance charges should be separated form Tax and divided
A V Vishal
(Expert) 02 May 2009
Dear Mr Mane,
Pay the agreed amount of Rs.1.50 / Sq Ft only. The builder has no authority to collect the property tax. As rightly said, what is the proof of his remittance, tommorow a situation may arise where you may have to bear the tax on account of non payment by him. Even if he insists then ask him to indeminify. Who knows a person who has not completed the project still after 2 years as promised will pay the taxes promptly on behalf of you. If you are interested hen I suggest you pay the tax individually on self assessment basis and ask the builder not to charge you since you have paid the same voluntarily.
sanjeev murthy desai
(Expert) 02 May 2009
Dear Sampath Mane,
From the date of purchase you should be pay the tax on that property.
In your case builder not yet complete his service and he is also failure to provide occupation certificate.. so you can file a consumer case against the jurisdctional forum.
sanjeev desai
A V Vishal
(Expert) 02 May 2009
Dear Sanjeev
It is not the question of occupation. The builder has given possession but he is charging and trying to collect the property tax along with the maintainance charges. The builder has no authority to collect the same.
sanjeev murthy desai
(Expert) 02 May 2009
Dear A. V. Vishal,
I agree with you, but we have to verify that construction agreement of builder and purchaser, commonly it has clause i.e., the purchaser shall be pay to the builder which is expensed by the builder...
sanjeev desai
A V Vishal
(Expert) 02 May 2009
Dear Sanjeev:
Had the builder incurred property tax then one thing is sure that the property is assessed to tax, in such case the owner who is in possession of the property should know the same, further, the clause in the agreement is generally that the builder shall incur all outgoings on rates & taxes till the possession is handed over to the vendee, so the builder doesnot have any claim on the tax once the possession is handed over.
sanjeev murthy desai
(Expert) 02 May 2009
Dear A. V. Vishal,
But builder has the right to claim on maintanance expences and other expences right, if the flat owner has propose to builder to pay the tax on his flat, then developer has the right to claim his expenses.
A V Vishal
(Expert) 02 May 2009
Dear Sanjeev,
I am not disputing the maintenance charges payable by the querist I am only disputing the claim of tax by the developer and not any expenses incurred by the developer on getting the property of the querist assessed to property tax. Moreover the query states that the developer has failed to deliver the occupancy certificate and not kept his promise to develop for instance the querist writes "He had promised various things while booking but have not delivered like garden, seating arrangement. his plea is that the gove authorities have grabbed the part of land meant for the facilies".
So I am only disputing the claim of tax and not the expenses incurred on getting the property assessed.
